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SUBHASH VIDYARTHI
Dharam Raj – Appellant
Versus
Distt. Registrar Gonda – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Mohammad Arif Khan Senior Advocate assisted by Sri Mohammad Aslam Khan Advocate, the learned counsel for the petitioner, Sri S. K. Khare, the learned Standing Counsel appearing for the State and Sri Kapil Muni Dubey, the learned counsel for the contesting private opposite parties.
2. By means of the instant writ petition filed under Article 226 of the Constitution of India the petitioner has sought issuance of a writ in the nature of certiorari quashing the order dated 03.05.1993, passed by the District Registrar, whereby an order dated 15.03.1989, passed by the Sub- Registrar, Gonda has been set aside and the Sub-Registrar has been directed to register an agreement dated 15.11.1988 executed by the opposite party no.2-Radha Mohan, in favour of deceased opposite party no.3-Ladla agreeing to sell a piece of land bearing Gata No.107/1-78 and 2-00 acre out of Gata No.195/3-00 which was presented for registration on 15.11.1988.
3. Briefly stated, facts of the case are that the opposite party no.2 was the Bhumidhar of Plot No.195 area 2.16 acres, Plot No.107 area 1.78 acres, Plot No.195 area 3.00 acres and Plot No.47-Dha area 0.40 acres, situated
The Sub-Registrar's duty is to verify the identity of the executant and their admission of execution, not to ascertain the title of the property being sold.
The Sub Registrar's role is administrative and limited to ensuring compliance with statutory formalities, and he does not have the authority to adjudicate or evaluate the rights of parties to make a ....
The Registrar's decision under the Registration Act is summary in nature and limited in operation, and the Registrar's jurisdiction is narrower compared to the plenary jurisdiction of the Civil Court....
The Sub-Registrar must independently decide on the registrability of a deed without needing clarification from the District Registrar, as their investigation into title is not permissible under law.
The registering authority must register a deed if all legal requirements are met, regardless of third-party objections regarding title, reaffirming the administrative role of the registration process....
Authentic execution and full consideration are essential for the registration of a sale deed, and mere signature on a blank paper does not suffice to validate execution.
A Sub-Registrar has the independent authority to decide the registrability of deeds, and cannot refuse registration based on a District Registrar's clarification regarding leasehold status.
The Sub Registrar cannot refuse registration of a document solely due to title disputes unless it is proven the vendor has no title over the property in question.
The Registering Officer must verify original documents for property registration to prevent fraud, and parties claiming rights must establish their claims before a competent court.
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